Herman Vanderheyden, d/b/a Vanderheyden Construction Co. v. Ajay Inc. and Federal Savings Bank - Concurring

This is a construction case. The defendant owner hired the plaintiff contractor to build a movie theater. The contract contained an arbitration clause. The owner terminated the contractor before the construction was completed. The contractor filed suit against the owner regarding an amount of money required to be held in escrow pursuant to Tennessee Code Annotated § 66-11-144, which permits the contractor to seek “any remedy in a court of proper jurisdiction . . . .” The trial court stayed the proceedings and ordered the parties to arbitration. We reverse and remand.